Litigation and legal proceedings

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Some lawyers specialized in defending the interests of the franchisor are very effective because they have a specific profile:

a. Perfect understanding of the franchisor’s job
b. Excellent in legal procedures
c. Aggressive and combative state of mind
d. Taking the time to read all elements of a case (which is rare, most of them only take a glance at them!)
e. Knowing the tricks to get the lawyers of the Franchisees into a predicament
f. Not closed by principle to negotiation and/or conciliation
g. Expert in the management of the franchisor-franchisee power struggle

Franchiseland, the CEDRE and Olivier Gast recommend Maître Joseph Vogel as an expert lawyer (competent and available), attorney at the Paris & New York Bar (telephone: 0033 1 53 67 76 20).



Here also same quality with the international lawyer as defined in the Chapter litigation and legal proceedings.
But with the addition of a perfect knowledge of the English language and with very good foreign correspondents.



Unfair competition and parasitism are the two economic plagues of the franchisor.
Indeed, know-how not being patented and the registered trademark not yet well-known to ensure the overall protection of the system, the young network can be a victim of unfair competition, parasitism, counterfeiting but also dissent.

The good franchise agreement is useful to bring the uttermost protection to the franchisor against these plagues.
All these documents must be copyrighted and the franchisor’s counsel must be particularly attentive to these issues.



This chapter is not specific, it is necessary here also to refer to case law on counterfeiting



Master franchise litigation, as well as in international law, is still complex and very expensive. The most important is the ability under the master franchise agreement to impose on the master franchisee the law of the franchisor as well as the Parisian courts.

Again it should contact the best experts in the field.

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